ago, i can't imagine a family where kids aren't coming home. we have taken plenty of heat for the coverage of newtown. for the village overrun of reporters and trappings of our trade. some of that anger is miss directed. because the man who responsible for so many innocents is no longer here. we can't say to him or do what we want to do so we blame the messenger. as journalists we will try to cover this tragedy and honor the lives lost. no, that our hearts are broken too. [ bell ringing ] >>. >> gregg: hello, i'm gregg jarrett. welcome to a brand-new hour.

>> heather: i'm heather childers. topping the news a nasty winter storm slamming the pacific northwest. latest where it is going next from the fox news extreme weather center. >> gregg: millions of americans hitting the rails and skies this weekend. we'll go to one of the busiest airports in the country. >> heather: one father's fight to bring the word christmas into his son's school. >> gregg: we begin with so-called fiscal cliff, major concerns for the u.s. economy are not keeping lawmakers from heading home for the holidays. but with lawmakers from both parties still at odds over how to avoid that inevitable cliff, tax hikes, spending cuts associated with it, some of them are taking to the sunday talk shows to make their respective cases with just nine days until

every american taxpayer feels the pinch. steve centanni, steve is there still any chance some sort of a comprehensive agreement can be reached? >> reporter: it's looking less and less likely. two sides in the did the debate had their say on sunday talk shows. there is a lot of talk and not much action. john boehner called off his public for a plan b, there has been no movement toward any kind of deal and some are saying the president wasn't to avoid that fiscal cliff. >> when i listen to the president, i think the president is eager to go over the cliff for political purposes. he sees a political victory. he gets additional tax revenues and gets to cut the military which democrats have been calling for years. he gets to blame republicans for it. >> reporter: if nothing has done

by the end of the year, taxes go up for everybody. >> gregg: will be the president be working on these issues during his christmas holiday in hawaii or is it golf and r&r and spending time with the kids? >> mostly r&r but on friday the president acknowledged there might not be time for any grand bargain. he scaled back for expectations for the rest of the year. one democrat said a larger deal is not impossible. >> we what we ought to do is take speaker's last offer, president's last offer and split the difference. that would be a package of about $2.6 trillion. you couple that with the $1.1 trillion that has already been done, that would be close to the $4 trillion we needed to stabilize the debt and begin to bring it down. >> reporter: to do that the president is demanding wealthy pay higher taxes. >> gregg: steve, thanks. >> heather: gregg, president obama is taking a break from the

stress of fiscal cliff negotiations spending the holiday in hawaii. there is also a somber moment on his schedule. president and first lady attending a memorial service for daniel i inouye. >> he is leaving the fiscal cliff worries back home. we are told between christmas and new year's he'll be heading back to congressional leaders. you noted the somber moment today that the president and first lady right now as we speak are at punch bowl, national military cemetery on the island where the senator will be buried. harry reid has been making a speech moments ago and telling a

where senator bob dole like senator inouye, they recuperated in michigan and later served in the senate together, bob dole walked up to the casket and lifted his left hand, his right hand was badly damage and saluted. a poignant moment. president obama at the washington cathedral, it was his really earliest political inspiration. both the president and senate majority leader reflecting on daniel inouye both a long time legislator but two days they will be getting back to work on the fiscal cliff. >> heather: the difficult job of reporting from hawaii, thank you so much, ed. >> gregg: the mother of john hammer telling her son is now in

a louisiana hospital. he was released from a mexican prison last week after months behind bars. mexican authorities arrested him after he carried an antique shotgun into their country, even though he says he legally declared the weapon and had a permit for it. today his dad reportedly brought him to the emergency room during their drive back together to florida. his family reported he had a stomach flu of some sort. earlier his mother was clearly relieved to hear that her son was on american soil. >> it was like my first night that i slept all night long without getting up. it was just the thought of not wondering what is going on with him. can anyone hurt him? he is eating and he is able to actually have a meal. i honestly can't process it until he is here. but we are days away. >> what the first thing when you

talked to him on the phone, what did he say to you? >> are you okay? he was like, yeah, i'm sick, but i'm okay. i'm okay and i'm tired. first thing he said to me actually, i need a shower. that was his first comment. my husband said he took a four hour shower the first night. think he is doing okay. >> his dad says they are waiting at the hospital for test results >> heather: head of the nra on protecting our children in the aftermath of the newtown tragedy. repeating the call for armed and security personnel to be posted at every school in the country. peter doocy has more from washington. >> putting police and armed security in schools is the one thing that will keep people safe

according to national rifle association ceo wayne la pierre who argued that you can't legislate morality because legislation only works on the sane and doesn't stop criminals. former republican congressman is leading the effort to convince congress that it's a good idea and said this morning it would be similar to the way that government protects air travelers from terrorists. >> there was intense debate on airplanes, guns have no place. yet we have a federal air marshal program i helped to oversee which provided a deterrent, increased the safety of the airlines and it's not like an armed camp when you go on the airlines. >> reporter: mark warner has an "a" rating but made it clear he disagrees with the idea and he thinks multiple steps must be taken to avoid mass murder. >> if my memory is correct there

was an armed individual at columbine years ago and it didn't prevent that tragedy. i think we need a comprehensive approach. i think looks at protecting our schools and look at high volume magazines that can fire off so many rounds. >> reporter: the ceo said banning those high capacity magazines won't make any difference to make people safer. >> heather: peter, thank you. >> gregg: and a fox news extreme weather alert. two powerful winter storms lashing opposite ends of the country. one dumping rain in the west and the other raising hopes for a bit of a white christmas here in the east. maria molina. >> good to see you. we are track twog storms, one across portions of southeast producing a couple of showers

across parts of tennessee, western parts of carolinas and down into portions of florida. this is relatively weak but it will slowly track northward and rain in the ohio valley and northeast as we get into later on today and tomorrow. it will be holding up across portions of the northeast. some of that precipitation could come in the form of snow. we could be seeing a white christmas in the interior northeast. it one be a big deal, one to three inches of snow. more significant and stronger storm system is out west where it is dumping quite a bit of snow in california, still a foot of snow across portions of cascades and washington and oregon we're talking close to two feet. very good news for anyone doing skiing. good news is this storm system is on the move we'll finally start to see improvement in weather conditions across portions of the west coast, seattle, down to california.

christmas leave looks more tranquil. that snow will dumping snow in portions of rockies and colorado and wyoming. we'll be accumulating snowfall and eventually this storm is going to head into the center of the country. it will be a pretty strong storm and very cold air with it. so definitely we're going to be talking about snow accumulations texas panhandle, parts of arkansas and missouri and illinois. some of these countries don't see a white christmas. so we're talking about quite a bit of snow, up to six inches locally and higher amounts, a winter storm watch has been issued across the state of oklahoma. good news for anyone that wants snow in the center of the country. christmas eve, messy day out in southeast and thunderstorms ahead of that winter storm could be firing up as severe weather. we'll keep an eye on portions of south. not just christmas eve but even

christmas day, severe weather with thunderstorms that could produce some isolated tornadoes and large hail. >> gregg: it could be making it to grandma's house a little tricky. >> heather: turning now to the developing situation in egypt. new islamic backed constitutional draft appears to have past but not without serious allegations. they are calling into voting fraud allegations. one of the groups muslim brotherhood that it passed with 64% of the vote. >> gregg: to syria, rebels claiming they have seized a military base in the north of the country. they say they have taken about a dozen soldiers prisoner and captured weapons they believe will help in the fight against the assad regime. violence is escalating including a governmental air strike on a

bakery in a small town and activists report that dozens of people have been killed in that attack. >> heather: two women passing through texas claim that they were molested during a traffic stop. the incident was caught on dashcam video. you can see that right here. what it shows and why police they pulled them on over. >> gregg: investigators taking dna samples from bodies of notorious killers executed more than 50 years ago. the dark secrets of these men may keep straight ahead. >> plus, the holiday shopping season is creating a near record number of seasonal jobs but will it help it with the unemployment situation? >> gregg: we'll talk to brenda buttner coming up. [ sniffs ] i have a cold.

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>> heather: welcome back. u.s. i am congratulations and customs enforcement coming down hard on employers who hire illegal immigrants, reporting

more audits than ever before. companies have been fined more than $13 million and 200 managers have been arrested. a red alert in chile, a volcano is spewing ash but the governmental is keeping an eye on the situation. former president george h.w. bush could spend christmas in hospital. doctors say he needs to build up his energy before he goes home. >> gregg: we certainly wish him well and speedy recovery. new government report, holiday hiring is fast approaching a 12-year record, great news? you have to ask yourself how many of she is seasonal jobs will be made permanent or they just vanish come january 2nd. how do we stimulate the growth of the higher paid jobs in technology and manufacturing that we really need to get the economy moving again. joining us is brenda buttner.

good to see you. that is the good news. seasonal hiring is a record high? >> yeah it really is. we have had some reports from that basically we've seen 20% increase of holiday hiring from last year. amazon, target both reporting 21% more increase in hiring. >> gregg: how long are those going to hang around? >> that is a good question. we always see a drop-off that cliff of the employment cliff in january. what is more revealing we're seeing so much increase of hiring it was mainly in november. i would like to see december's numbers. we expected a strong consumer spending season. it's turning out to be much more disappointing than we had anticipated. >> gregg: why is that? >> many of the people who were surveyed say they are expecting they are going to have higher

taxes. they are worried about the fiscal cliff. we saw a drop-off of spending as the fiscal cliff seemed to be more and more real as all the talks fell apart. >> gregg: we are seeing other things. average work weeks in some regions shrinking, online job posting may be declining, think that i was in minnesota and insurance claims are rising? >> they are tough to read the tea leaves but what we are seeing is consumers which is the driving engine of this economy, three-quarters of g.d.p. is consumer spending, we are seeing consumers, we got record traffic but they are not spending. this next couple of days, one more shopping day until christmas, usually about 10% of consumers spend on that day. also looking for the big deals. that is another thing we are sees retailers putting discounts

late in the season. that may mean fewer jobs in the future. >> gregg: the question is, as we said, how do we stimulate growth in the higher paying technology and manufacturing sectors? >> first of all before we ring the death bell on manufacturing, u.s. is above china. we are seeing a resurgence of factory jobs, guess where. >> gregg: southeast. >> why. >> gregg: right to work states. >> businesses don't want to move to places where unions are. in those southeast states, union membership tends to be half what it is on the national achblg which is only 12% right now. even though we see that unemployment is lower in right to work states, but wages are lower, as well. that is kind the tradeoff but businesses want to go there. we are seeing companies from

china coming in into the u.s.. >> gregg: i bmw, hyundai, honda and you got american companies, g.e., boeing, apple, michelin, they like that southeastern region because that is where the unions aren't. final quick question, if congress fails to strike a deal it will get a whole lot worse? >> the cbo which is supposed to be non-partisan we're going into a double-dip recession. a lost taxes. you look at your paycheck, the first one in january you are going to see a lot less money. >> gregg: it's not just the expiration of bush tax cuts, but payroll tax goes back up. >> then there be will be fewer services. there will be a lot out there. merry christmas. [ laughter ] >> gregg: okay, we're trying to be positive. she smiles a lot on "bulls and

bears" every saturday morning at 10:00 a.m. eastern. >> i smile with you, too. i'm with hits arer, you are a great team. >> heather: merry christmas everybody. >> investigators ex assuming the bodies, their murders were immortalized in the book "in cold blood." now detectives want to know if the killer was the same. >> i can't describe it. it was horrible. >> don can't forget that horrific day in 1959 when he walked in on the family all shot dead in their florida home. it remains the county's oldest unsolved crime but 53 years later, a detective thinks the

walkers' killers is the same killers of the family in kansas. perry smith and dick hick coch subject of the landmark novel, in cold blood. >> 1956 chevrolet bellaire and the walker family was shot in a model and basically the same vehicle. >> before they were arrested for the kansas killings, several witnesses spotted them in sarasota. >> they testified that hick coch had a scratched face. >> and cries teen walker, had semen in to scene and kansas medical examiner will see if either dna matches the scene. what could be the epilogue to capote's famous book and finally turn the page.

>> i've been thinking about it all these years. >> walker house is long gone. on the day that family died, cliff walker pocketknife disappeared from the property. when smith and hick coch was arrested a florida witness identified the pocketknife at the scene as the one belonging to cliff walker. now, we wait for the dna. >> gregg: mystery continues. >> coming up, a live report from david lee mill other the holiday hustle out of the u.s. iavptsd. >> if you are heading home for the holidays or anywhere else for this matter, good news because likely your flight will be on on time. i'll have details from laguardia airport coming up. [ female announcer ] food, meet flavor.

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>> gregg: welcome back. less than 48 hours in the christmas and millions of americans are packing the airports trying to get where they are going to go. david lee miller is right in the thick of it at laguardia. david whashg does it look like there? >> it might be in the thick of it as you say but the crowds have certainly started to thin out. arrivals from american airlines, you can see it's sill busy but the volume is down considerably. this holiday season, 5.6 million americans will be flying. we caught up with a few of them today, they say they are stressed out but not expecting any serious problems. listen. >> i just got here, so far so good checking in my bag the

luggage and carry-ons. >> you have a lot of things? >> yeah, all these free goodies and everyone had a sale. >> we packed a lot of food just in case. we're traveling four girls and my husband will be taking the bags outside, going dallas, we won't get to cabo for 12 hours. its 12-hour day for us. >> very few cancellations and delays, one exception we hear there are some weather-related problems in san francisco and also following christmas, possibility of storms and returning home may not be as easy as getting to your destination before the holidays. >> gregg: i was just there at laguardia, it wasn't bad at all. the roads were crowded.

what can you tell us about that? >> we talk a lot about the airports but this time of year, the most popular mode of transportation is the car. aaa says 84 million people, one in four americans will be traveling by car this holiday season. also calculated the cost of these trips, during the holiday season typical spending will be spending $759. talk briefly about the gasoline, average price for gallon now, about $3.30. gasoline prices have dropped about 50 cents since september even though they are at a record high for this time of year. aaa says the cost of gasoline is not going to be an issue. most people that want to take a holiday trip they are going to do so anyway. >> gregg: it seems like you take out a second mortgage to fill it up these days. >> heather: major fallout at the

u.s. state department this week after a scathing reported on the death of four americans in libya on september 11th of this year. the report cites, quote, systemic failures even at senior levels. while the report has already prompted four officials to resign, lawmakers have yet to hear from the leader of that department, secretary of state hillary clinton. she had to postpone her testimony after suffering a recent head injury. florida republican congressman is chairwoman of the house foreign relations committee she joins us now with more. thank you so much for joining us? >> thank you for the invitation. >> heather: systemic failures and leadership and management deficiencies, that is quote. what the report said they find on benghazi. who is the senior level and will they be held accountable? >> that is why secretary of

state hillary clinton must appear before our foreign affairs committee and she has promised to do so before january 15th, we're going to hold her to her word. we know she will be appearing there. it's the first step of the whole state department and obama administration accountable after this was a terrorist attack that resulted in a murder of four brave americans. we talk a lot about ambassador stevens, don't forget smith, woods and doherty, fine americans. we have to ask ourselves, why didn't the state department not heed the intelligence reports, if you read them they are so clear in telegraphing in graphic terms this consulate is surrounded by extremist elements and they would be overrun in a minute. also, why did the state department not heed repeated requests by the consulate in

benghazi for security. this is an important day in american history. 9/11 how could we not properly protect the embassy, our consulate there. the state department does not say, we need more money. i believe of all the evidence indicates that it's not a matter of money. it's a matter of misplaced priorities. on the day before 9/11 secretary clinton was promoting a new program, culinary delaware. there is lot of misplaced priorities. gobble climate program, that doesn't protect a single diplomat abroad. state department must be held accountable and answer to the american people why the requests for more security were not heeded. >> heather: you covered a lot in that one answer. i wanted to pick a part a couple

of elements. the report questions the deployment, the communication, the security as you mentioned and the continuity that left those americans in beyond hostile environment, ultimately dead. answer that question you are asking yourself. why do you think repeated requests for additional security were not heeded? >> i believe that the answer to that question is political one. the administration wanted to sell the american people on a narrative that was false. that is, this was a victory for us in libya. everything is normal. there is no problem. we've got al-qaeda on the run. finally president obama himself had to take that line out of his stump speech because we didn't have al-qaeda on the run. they are clearly there all over the place. so the narrative was, libya is completely normal.

if they spring the money for more security or if they send more assets over there, then it's an admission, maybe libya is not as successful that we want to tell the american people. that is why susan rice was rolled out there to five network shows to say this was a video, it was a spontaneous protest. as biden said malarkey in another context but it was not right to tell the american people the truth. the consulate asked repeatedly for more security and they were surrounded by fundamentalist extremist elements, the state department gave them more security it would be in their twisted logic an admission of responsibility and a failed mission. nonsense, they would have protected our guys and gals. >> heather: congresswoman, thank you so much for joining us. hopefully some things will be

taken so it won't happen again. >> gregg: and she was instrumental for john hammer to get released from a a mexican prison. >> illegal immigrants will be getting a free pass. a new policy to bypass certain groups of people as deportations this year hit record highs. >> a police officer facing serious punishment as two women sue over aed side pat down that they say went too far. [ loud party sounds ] hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein.

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>>. throw the cigarettes out. >> two women is suing the state of texas the department of public safety specifically accusing of some police officers

of going way too far and it all begin with a traffic stop back in july. >> i don't have marijuana. >> i don't smoke marijuana. >> gregg: a female officer was then called to the scene to perform a cavity search on both women. the officers say it was necessary because they saw the suspect throw what may have been marijuana cigarettes out of the car. women say they were molested, their rights were violated. was the search unconstitutional or did police really have probable cause here. joey jackson, vicky ziegler, former prosecutors. very sensitive subject. a lot depends on the videotape. i not sure you can discern critical issues? >> there is a lot we don't know certainly. when i looked at the video i saw some invasive procedures. it appeared that this female

officer had her fingers in the backside of this woman. she went underneath her pants, underneath, we don't know if it was under her underwear, it appeared it was more than a frisk. more than a pat down allowed by the law. terry versus ohio you are allowed to pat down if you believe there is contraband but this was egregious. it was done on a public highway in front of motorists driving by and another family member. >> gregg: that is the part i don't get. we're not talking about a gun, a dangerous instrument. at best we're talking about a small marijuana cigarette, what happened here justify it? >> i think it could. let me say why. vicky lays out the law but here is what going to argue. police have a right to detect and deter criminality. number two, what do people, they

secrete things, they hide things. i have to build up my argument. more over than that, what happens here the stop number one was predicated upon probable cause. it was something they saw that was thrown out the window. then they smell marijuana. so the officer would be justified to attempt to find that marijuana. finally, what what would be saying if they pulled out a bag of marijuana or something else. we would be arguing something far different and thank goodness the police are thorough when you the do their job. >> gregg: here is what i don't understand, why do you have to do it then? >> these women apparently threw out a cigarette butts. officer said he smelled marijuana after he speaking to those people. that is traffic violation. its misdemeanor. does it fit the crime?

throwing cigarette butts versus a cavity search. we're not talking about tsa. that is my problem. >> gregg: public safety at risk here. this is not a violent crime. >> it's not. however, let's keep something in mind. we're playing monday morning quarterback. the police don't know upon making a stop what if anything a suspect may have on them. as a result of that it justifies the pat down in order to ensure there may not be a dangerous.... >> they know there is not a glock in their underwear. >> but there might be something unlawful and dangerous that these women may have. >> gregg: all the reason you should do it down in the station house and witnesses and video camera. >> what if someone gets shot on the way to the station how long, we don't know that. >> gregg: pat down should have excluded any weapons. >> before the pat down, they didn't see anything. there was nothing found in the

vehicle. i don't even think it should gotten to that point. i think the police had the right to do it but what they did during that pat down is unacceptable and invasion of privacy to the worst degree. >> gregg: we're going to see a lawsuit? >> absolutely. >> gregg: money damages. >> one of the officers is already suspended. that must tell you something. >> pending the outcome of ultimately what they find here, the officer, remember this, called a female officer over, that is good judgment. >> gregg: there is something, a little footnote to this. officer allegedly did not change the latex gloves in between the two searches. >> unsanitary at best. >> gregg: we're going to find out what happens and let our viewers know. good to see you both. >> happy holidays. >> heather: pop quiz parents,

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>>. >> heather: welcome back. a texas state lawmaker now seesh go support for his merry christmas bill. it would allow schools reference christmas and hanukkah and other religious holidays. to use christmas tree as opposed to generic holiday tree at the lawmaker's son's school. some parents say the bill makes sense. >> its part of life. so to not express that in a school setting, we are supposed to be preparing people for life. >> heather: we will did he bait witness alan colmes and michael gallagher. >> merry christmas. i'm not afraid to say it. >> heather: mike, pleat start with you. is this unnecessary legislation, what do you think?

>> i was about to make alan happy, as i was driving over here, maybe this is bit legislative overreach. one of the most iconic christmas messages of our culture is miracle on 4th street where the judge -- on 34th street. there is the spirit of christmas alive and well and yes, there is a santa claus. if we can love the warm fuzzy message of "miracle on 34th street," why not judge come in and say let's say merry christmas without offending somebody. >> i've known mike for 20 years. have you made me happy? let me get this straight. you can't say merry christmas will. this is because of legislator's six-year-old son and decorated the holiday tree.

think we have a lot more things to worry about on school campus is whether to say a word that is permitted. what the texas association of school board says. they have a document on its website that says you are allowed to exchange gifts, cards religious messages, you can create religious symbols in art and religious music can be performed at school. this is not a problem. no one is stopping anyone from saying merry christmas. >> heather: i pulled that up, as well. their suggestion, their guidance they offer to the schools in that area. at least two occasions we found where schools were forced to change their christmas tree to a holiday day. one was in ashland, oregon, in 2009 they were forced to take the tree down and alter the display. and in stockton, california, they recommended banning christmas trees. >> what is happening in texas in this particular school....

>> let me tell you what is happening in texas. right down the road where i sit in plano, texas, they had a holiday party and they had red and green tissue themed paper plates and parents complained. that is why they changed it from christmas to holiday. this is defining difference between the left and right. you guys on the left there is not a war on christmas. those that want to celebrate christmas. we know there is war on christmas and you pretend there is not. >> you are right. i am a general with the war on christmas. i'm going to school to school and stop this. i'm a terrorist, okay. >> you are an anti-christmas terrorist. >> i'm going fight until december 26th to make sure that nobody says the word christmas anywhere on public property in america and go into hibernation next year and once again start this war, okay? >> heather: the point is it's

not unheard of. >> now what, i thought conservatives didn't want more legislation, social engineering, telling us what we could or not say. you could actually say the word christmas and you want to legislate it. >> now you are going to do moral legislation. >> heather: actually, waited. let's get back to this issue at hand. this particular school and why this particular person bringing up this bill. this school won't call it a christmas tree, they call it a holiday tree. >> my six-year-old boy said that teacher called it a holiday tree and you've got a conservative legislature legislator to start a merry christmas bill because his son used holiday tree. no one is stopping from you saying christmas tree. >> honestly do you debate there are all kinds of instance where christmas is being struck from our lexicon. you know it's happening all

over. >> heather: i have to wrap it up. we'll wrap it up. thank you both for joining us. merry christmas to both of you. >> gregg: yes, virginia, there is christmas as love and devotion and generosity. >> heather: i like the analogy to miracle on 34th street. >> gregg: we'll be right back. i always wait until the last minute. can i still ship a gift in time r christmas? yeah, sure you can. great. where's your gift? uh... whew. [ male announcer ] break from the holiday stress. ship fedex express by december 22nd for christmas delivery.

>>heather: hello, welcome to brand new hour inside america's news headquarters. >>gregg: glad you are with us. topping the news this hour, secretary of state, hillary clinton could be feeling the heat now, over the investigation into the deadly benghazi terror attack. our political insiders are here to weigh in. >>heather: a brand new policy on illegal immigrants creating controversy saying it is a few pass for million whose broke the law. >>gregg: we are putting dilates on hold for the holidays but there is a way to splurge and not pack on too many extra pounds. we will tell you the best and worst holiday feeds for the weight line with sarah this hour. >>heather: as washington lawmakers head home for the holidays, they still have yet to reach a deal to avoid the so-called fiscal cliff. with just nine days until a series of potentially

devastating tax hikes and spending cuts kick in and effectivery american taxpayer some are keeping the fight going and taking their case straight to the sunday talk shows. national correspondent is live in our washington, dc, newsroom. steve workers do we stand today? >>reporter: here is the bottom line: republicans want spending cuts. democrats want higher tax on the wealthy. neither side is giving in. last week, house of representatives speaker boehner called off the push for plan "b" saying the ball is in the democrats' court. a key republican said today what we really need is leadership. >> you want a leader, you have to lead. the president has been a pathetic first can leader. i would vote for revenues including tax rate hikes although i don't like them to save the country from becoming greece but i will not set aside $1.32 million in cuts.

>>reporter: if nothing happens by the end of the year taxes go up for everyone. >>heather: when do we get back to work on a fiscal cliff clear? >>reporter: shortly after christmas when speaker boehner and the president are back in washington. before leaving town, president obama scaled back his goals for the last few days of the year between now and new year's focusing on middle-class tax cut and extended unemployment benefits. he is holding out for higher tax on the wealthy. the supporters say that should come as in surprise. >> on taxes, i know it is hard for the republicans but the president ran on that platform, $250,000 and no taxes for people below and he won 60 percent of the voters saying they are for it including some republicans. >>reporter: senator lieberman, an independent from connecticut says it is looking likely we will go over the fiscal cliff. >>heather: thank you from washington, dc, steve.

>>gregg: president obama spending the christmas holiday in hawaii, a somber moment as the president and the first lady attended a memorial service for daniel inouye, the decorated world war ii veteran and long-serving united states senators who passed away on monday. chief white house correspondent ed henry is live in honolulu. ed? >>reporter: the president gave the eulogy on friday in washington, dc, talking about growing up here in hawaii in the early 70's and seeing then young senator inouye lead the watergate hearings and president obama saying that was one of the earliest political inspirations looking up to that decorated world war ii veteran who continued his public service for some 50 years in the united states senate. a short time ago, senate majority leader harry reid was speaking at the national memorial cemetery of the pacific where senator inouye will be laid to rest.

he talks about how senator bob dole came to the capitol last week to pay his last respects to inouye. >> he wasn't satisfied just to be there. he wanted up on that platform so he could reach his friend of 60 years, senator inouye. he got up there and it was a struggle but he got up there. soldier to soldier, with his left hand, he saluted we his soldier friend of 60 years. >>reporter: that what with his left hand because senator dole halt his right arm shattered in world war ii and senator inouye lost his arm in the world war ii and president obama with the first lady before they leverage the cemetery, they visited the grave site of his grandfather

who served in world war ii, as well, and he was laid to rest many years ago at the same cemetery. >>gregg: senator inouye wanted to be a surgeon and had taken a lot of medical classes before the world war ii but having lost his arm he chose politics and, of course, became quite a legendary figure in american politics, and hawaii's politics. as far as the president is concerned what does he have on the schedule? golf? shopping in spend time with his daughters? >>reporter: pretty light so far. he played golf yesterday. that was after getting here, and want out to dinner with the first lady and friends and there will be family time, downtime if christmas but it is clear when you talk to the top aides that quickly after christmas, between christmas and new year's it is likely the president will leave hawaii and go back to washington

and meet with speaker boehner and senator harry reid to work out a budget deal. >>gregg: ed, you are probably wearing bermuda shorts and flip-flops, right? that is thought a suit, is it? >>reporter: i am thinking about both of you. it is 80-some odd degrees but i am thinking about you. >>gregg: i bet if the camera panned down you would see a guy's bear knees. >>heather: he admitted having shorts and flip flops on. >>gregg: shorts and flip flops. i knew it. no courage. the camera man should pan down. thank you, ed. >>heather: a shoot victim speaks out not first time since a deadly rampage that happened in a mall in oregon. investigators say that jacob roberts left two people dead

early this month, and christina was inside when roberts opened fire and says a simple shopping trip turned tragic in the blink of an eye. >> i only saw him for an instant only to see that he was wearing black and carrying a gun and i didn't realize it was a real gun. we have to cherish every moment because we don't know when it can be the last. >>heather: doctors removed bullets from her lung and liver and her recovery is nothing short of a miracle. >>gregg: concerns that a serial killer could be on the noose michigan, after a discovery in a drainpipe outside detroit the second time in four months human remains have been found, and the remains have been sent to a laboratory in texas for d.n.a. testing. they want to determine if the remains match a body found four months ago that belonged to an

unidentified female. >>heather: a weather alert. skiers in northern california on cloud nine following this. a power will winter storm. now, forecasters say people on the east coast could enjoy a similar sight in time for christmas. but not so great if you are traveling. now, live to the fox news extreme weather center with more on what to expect. maria: you are right. we are talking about travel headaches for people who are traveling across parts of the east and the west through the day today and then as we head the next several days with both storm systems pummeling the country. we are talking about areas that usually do see it and areas that don't, including portions of arkansas and missouri, so this is unusual but, first, the storm system in the east which is

produces areas of light rain. it is not a huge deal but slight rain in eastern tennessee and western carolinas and georgia and florida and that system will head north and bring light snow through portions of the interior northeast gist in time for christmas. and accumulations between 1" to 3", so nothing too major, so, here is the big storm, that will produce big time headaches, already dumping feet of snow across the see areas in parts of california and the cascades in oregon and the state of washington. tomorrow, we are finally going to see a break in the bad weather across portions of the west coast and the rockies across colorado and utah and wyoming and montana we will deal with areas of heavy snow all associated with the very same storm system that will track east and bump up to 6" of snow across the texas panhandle and oklahoma so a storm watch is issued across oklahoma and we will have some issued across

parts of arkansas and areas south of the great lakes. the bad news with the storm system is we are also going to see warm air to the south of it that and probable to produce severe weather with tornadoes possible across eastern texas into louisiana, and, again, that will be christmas eve with large hail and damaging wind gusts possible for the storms, so make sure if you live in the areas you stay alert and by christmas day the area of severe weather will expand east in places like new orleans, and alabama, and western parts of the florida panhandle and mississippi could see severe storms from the same system. otherwise northbound, fargo, two degrees for the high temperature at christmas eve and the same in bismark, single digit my temperatures so it will be a cold christmas across portions of the upper midwest. >>heather: thank you, we will check back with you. >>gregg: that was lake video in lake tahoe, heavenly valley, all the great resorts will love

that. >> illegal immigrants could get a free pass in the united states border, a new policy designed to bypass certain groups as deportations are hitting the record highs. >>heather: new concerns just nine days to go before massive spending cuts and tax hikes for every american go into affect. will this keep last minute shoppers at home robbing retailers of the holiday boost? >>gregg: the world's largest nativity scene just ahead. [ loud party sounds ]

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>>gregg: and now the headlines. a leader line islamist group claiming victory in egypt's vote on a new constitution. the muslim brotherhood saying it is passing with 64 percent of the vote but official votes are expected the next several weeks. an arizona missionary safe after being kidnapped in guatemala. the f.b.i. says the 22-year-old was rescued after two days with the help of local police. the story of christmas comes to

life as more than 300 actors take part in the largest nativity scene in colombia. >> that is beautiful. >> new concerns that uncertainty over the fiscal cliff crisis could have a series impact on the holiday shopping. consumer confidence has tumbled to the lowest point in five months, in supposedly the biggest shopping season of the year. brenda is a senior business correspondent and anchor of bulls and bears and is back to let us know if the fiscal cliff is going to play scrooge with the christmas season. >>guest: if you look for a grinch look to washington, dc. a lot of people that were surveyed in the consumer confidence index said the higher taxes are making them pull back on spending. we are seeing record traffic in the malls. this was an amazing week end but there are signs people are not spending.

they are out there but not spending. we have seen shopper traffic bring back forecasts for consumer spending. it started out, it looked good, but that was on black friday and now it looks like retailers are going to have to give deep discounts. people have the one last day. >> they are hang out in the crowds and not spending. >>guest: they are worried and waiting to see the deeper discounts come out. a lot of retailers waited and says it is a longer holiday season because thanksgiving was so early and we will wait for the deep discounts until the end and maybe people will spend. tomorrow, we are expecting 10 percent of people could be shopping tomorrow. they need to finish up their christmas. >>heather: and the national retail federation said 11.3 percent of americans say they were done, they wrapped it up.

early. but 10.2 percent will wait until christmas eve. so many retailers have waited to give the deep discounts that now they have to discount in a huge way because shoppers waited, as well, and that cuts into margins. that is the problem. 40 percent for many retailers of the entire year is in the holiday shopping season. a lot of it, in this weekend, if they are cutting into profit margins, that translates into unemployment. >>heather: if they have to put in the deep discounts affecting their margin, to get the sales before the holiday, will we see the same sales after the holiday >>guest: it is hard to know. a lot of people were worried about higher taxes and the fiscal cliff thing and they are not spending so much. if there is a sign next week we

could have a deal, perhaps we will see moreshipping. there is going to be a lot of sales after christmas. >>heather: people get their gift cards. and we see that. that will be an important indication. not all hope is lost but we are cutting back and not as much spending as we hopeed. >> not all hope is lost. >>gregg: i am single-handedly holding up the american economy. one man stimulus. >>heather: you can catch brand da every saturday morning at 10:00 a.m. right here. >>gregg: it legal immigrants could get a free pass in the united states as immigration and customs enforcement unveil a new

border patrol policy to bypass certain kinds of offenders. dominic is live in our west coast newsroom with more. >>reporter: yes, this policy snuck through hoping people would not notice and now illegal immigrant if they commit a petty crime they are not deported. the aim of homeland security and customs is to consequence trait resources on hunting down the dangerous illegal immigrants, instead, including people with violent charges, or sex abuse, and antiimmigration lobbyists are fuming saying it is letting people off the hook. >> everyone agrees that serious felons need to be removed but the message being spent if you don't commit a serious felony and you only break the immigration law there are no consequences and there will be

amnesty. the national reaction of people around the world, they will come to the united states illegally and take jobs taken by that american people and it will continue to drain the american taxpayers dollars and nothing will change. >>guest: quite serious allegations and he added that the policy will enforce an amnesty for many millions of illegal immigrants at the expense of the american taxpayers. a memorandum released on i.c.e. says a record number of unlawful immigrants were deported this year and 410,000 in all and over half were convicted of felonies or misdemeanors and the human rights groups have said what is really happening is the white house is ensuring that due process rights for immigrants are being upheld and they see that as essential and communities are not harmed by what they call an aggressive one size fits all enforcement strategy which is causing more

complications with immigration issues. >>gregg: complicated issues all the way around. dominic, thank you. >> coming up, the fiscal cliff stalemate involves more than just taxes and spending, it is political with big stakes if both sides. our political insiders break it down up next. >> it is one of the busiest travel times of the year, folks in the christmas rush to grandma's house, and some other places. how are the airports and roads doing? that is ahead. my doctor told me calcium is efficiently absorbed in small continuous amounts. citracal slow release continuously releases calcium plus d with efficient absorption in one daily dose. citracal slow release. tomato, obviously. haha. there's more than that though, there's a kick to it. wahlalalalallala!

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>>heather: bottom of the hour and time for the top of the news. a winter storm causing flash floods in parts of california forcing drivers off of certain

roads with delays at airplanes lasting into tonight. >> southwest britain slammed with major flooding that forced emergency crews in small dinghies to save some folks from their homes. >> president obama among the high profile guests in the memorial service for hawaii senator inouye who was buried next to more than 400 members of a legendary japanese american world war ii regiment which he was a part. >> and the race to grandma's house is on. millions of americans flooding to the nation's airports as they try and make it to the place where they have decided to spend the holiday. and david lee miller is in the thick of it in la guardia airport in queens.

>>reporter: it doesn't matter, there are very few cancellations and few delays not just at la guardia butystem-wide. look over my shoulder as we show the shot of the security area. you can only see a handful of people in line and it has been relatively quiet and well paced throughout the day. this holiday season some 5.6 million americans are going to be flying and we talked to a knew of them today. they said, it can be stressful, but as of now, no serious problems. listen. >> the weather is supposed to be good. america is ready for a heavy travel day and we will move through easy. >> we just got here so, so far it has been good. >> where are you going? >> to mexico. >> are you anticipating an easy trip? >> we have a lay over in texas for three hours so it will be

good. hopefully. >> we always hear a great deal about the airports this time of year but do not forget the roadways because more americans are driving this time of year, taking any other mode of transportation. during the holiday season, some 84 million people are going to be on the road, aaa says they expect the cost of gasoline is not going to have any impact whatever on holiday travel. the cost of a grown now averaging about $3.30 nationwide. that is a record high for this time of the year but it is down 50 cent from september. another thing to keep in mind, the experts are saying they expect this is going to be the busiest holiday season in the last six years. so watch out for a possible storm after christmas and that could make returning home more difficult than getting to the holiday dinner in the first place. >> not good news. i have to be at la guardia tomorrow night and back here

christmas day night so hopefully the storm will lay off. thank you, david he. >>gregg: good luck with that. negotiatorses looking for a solution to fiscal cliff and facing a political cliff. the stakes are high as rebound and house speaker boehner look for support from their rank and file and the american people, who comes out ahead who is the big loser. we will bring in our political insider, john leboutillier, former republican congressman for new york, pa can -- pat caddell, former pollster for jimmy carter, and doug schoen, former pollster if bill clinton. joe lieberman said today and he is a pretty straight shooter and he said this is really the first time he felt it was more likely

we will go over the cliff. >> with the collapse of the republican plan last thursday and the fact that the president is putting forward the same proposal he has been proposing for weeks if not months there is no consensus and everyone has left town and we only have nine days and four of those days everyone is on vacation. >>gregg: boehner could not get the support of his own party on his plan "b" solution. how were of a fiasco was that? >> i would say up there with the fiascoes politically of our time. it has been a steady series of these. there is a larger fiasco going on and it has to do with the president, the house, everyone, the leadership, the inability in this society to get anything together, leadership-wise, to get a solution to real problems. it is all politics. boehner has blown this up. >> i want to ask this question,

first of all, i do not understand how the majority leader on the day of the plan "b" vote on thursday kept telling the press, we have the votes, we are going to vote and we will win. he should have then. we have since learned one of the members of the whip organization, this is an assistant coach what goes out and tells the congress, the speaker wants you to vote if this, you will vote if it, and people were being told they were not voting for it, and part of the team not voting for it and telling members that, means there is utter chaos. >> how extraordinary is this? >> unheard of. when the speaker of the house of representatives is in your party and asks you to vote for you not to do it is difficult. >> is the speakership in trouble?

>> i think is. there is no coherence in the republican party. he was rebuked thursday. the only thing he has going for him is there is no organized opposition. >>gregg: the flip side is president obama. he is being criticized for being utterly uninvolved and disinterested and detached from the actual negotiations. he scarcely spends a minute of it in discussions. a lot of people say, he is not serious about reducing the debt and he does not think it is a problem and wants to expand government. >> he wants to expand government and raise taxes but can you imagine johnson or bill clinton not being in a room and hammering these guys? they would. this president is on vacation and said i give you a plan that no one should vote for but here you go. >> did you hear what he said to boehners i will go after you in the state of the union and in the inaugural? not i have a plan that the

american people want, so, it is really, i think he wants to go over the cliff. >> and the "wall street journal" said yesterday, quoting the president telling boehner, boehner said i have given you $800 billion in taxes, don't i get anything and he said, no, no, that is free. that is mine. that is free. >>gregg: senator brasso, he said today on fox news sunday, i believe the president is eager to go over the cliff for political reasons because he senses victory at the bottom. >> there is victory at the bottom but it is a hollow victory. there is no consensus to find a deal on the situation. >>gregg: i think there is. obama's latest deal is to extend all tax cuts for everyone under $250,000 and extend for two million people the unemployment benefits and put on hold

sequestration for $110 billion in spending cuts but harry reid will put that on the table for a vote, so it is up to speaker boehner to put it up for a vote in the house of representatives and won't he have all the democrats and enough moderates? >> not so quick. there is another fly in that ointment. the spot demanding the debt creating vote, they raise the debt ceiling. that will b part of this. there is no way the democrats will have a proposition that the president will design that does not include giving power on the debt ceiling and i am back to the point that the republicans should have made debt an issue a long time ago. they will never go along with it. they should have brought to. we said this on this program. >> let me say something politically. if obama thinks the republicans are going to get all the blame for going over the cliff, they will get a lot of the blame. >>gregg: he will, too. >> more than he realized.

he is supposed to be seen as the president of anyone, and he can get it done, and if he can't get it done after being re-elected he will be hurt by this. >> if we have a recession, he is not going to be able to stand there and say they difficulty. >> the taxes would go up on everyone because it doesn't do anything about payroll taxes or the alternative minimum tax. >> or the taxes from obamacare. >> former senator i saw today said, you enjoy this is a huge opportunity for the president. rather than coming back with a narrow plan like you described, if he came out now with a big plan that did entitlements and defense, did spending, and said, simpson-bowles revised here, let's go forward, there would be a deal but it will never happen. >>gregg: will republicans regret they did not vote for

plan "b"? >> they may feel like this did in august, they should have taken the deal but, look, the real problem the republicans should regret is never having a public strategy, and get the taxes off early on, and done that and made their case about the debt and been in this national debate because they have paid the price. >> they never talked economic growth. >> guys, hang on. when we come back we have a lot to talk about including the newtown massacre and the latest on the benghazi report. you know how painful heartburn can be. for fast, long lasting relief, use doctor recommended gaviscon®. only gaviscon® forms a protective barrier that helps block stomach acid from splashing up- relieving the pain quickly.

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>>heather: the mother of a marine veteran saying he has

been admitted to a united states hospital. yesterday, jon hammar was freed after months in a mexican prison and is now suffering from the flu and in poor health. activists in syria say opposition forces were behind a deadly explosion with a dozen dead or wounded trapped in a bakery rubble. president george h.w. bush will remain hospitalized until christmas eve nearing the end of his treatment for broken cites and doctors want to make sure he has built up all his energy before he is released. now back to you. >>gregg: the nation united in grief mourning the victims of the sandy hook elementary school at they were laid to rest and washington looking for ways to prevent this kind of tragedy from happening again. will in debate go the way of the

fiscal cliff talks in let's bring back john boot boot, and pat caddell and doug schoen. a very revealing poll that asked for solutions to prevent this from happening again. what you get from all of the numbers is, pat, it is pretty balanced. >> people want a solution that involves what are you doing about protecting the schools, mental health, decrease of violence, and for the ban on the assaults given the publicity you would not know the american people have a balanced approach because people have only one part of the agenda which is doing something about guns and you have the n.r.a. doing a they are doing and what we getting is the same kind of discussion we see in the fiscal cliff, a lack of leadership. the poll shows the american people want a balanced approach

and they want relive. >> lack of leadership and the extremes dominating both issues, cliff cliff and guns and this is middle of the road. any logical person would say, we have to look not just at guns but the mentally ill young men who are the ones perpetrating the acts and who spend hours sitting on a computer playing violent video games all day. >>gregg: the c.e.o. of the n.r.a. spoke out after a week blaming everyone under the sun, everything except for weapons and he suggested putting armed guards in schools all across america which, by the way, is something that bill clinton recommended after columbine, but, nevertheless, the tone of his remarks was a public relations disaster. >> complete disaster. what he should is done is, i

look forward to working as my colleagues suggests with people of good will across the political spectrum whether they agree with me or not, to find a solution because the american people believe in the second amendment but they as strongly believe in rational and reasonable steps to control gun use and make sure that appropriate security steps are taken. that is not what he emphasized, saids or made clear. >>gregg: 86 percent of americans want more to be done on mental illness because what we have seen in some of the most really mass killings is a mental health issue. that is something that americans can reach a consensus on. now, switching to benghazi, critical report came out, independent report evaluating the security laps at the state department, people in benghazi at the mission were begging for more execute and did not get it. what do you take away from this? >> well, the first thing is we have a report that took care of

all the under links but did not answer the fundamental questions but they will not be held into account until secretary secretary of state testified. but she is recovering from the concussion. but it needs to be but we need john kerry to be announced, and you do not move forward on his nomination to be secretary of state until the country secretary of state has testified under oath about what happened. >> something the report doesn't answer is who refused the pleas for help and a rescue in a seven hour long siege and what investigative body is going to be asking that question of administrators under oath? this is what the not will not

do. maybe the house of representatives will. we are now three months since this happened. >>gregg: general petraeus said the c.i.a. did not refuse the request so that means that "obama's fingerprints are all over this." >> we don't have a timeline, a narrative or a sense of who said what, or when, and we we don't know in the white house what the national security advisor's thoughts are. >>gregg: thank you, gentleman, great to see you. you can follow them on twitter where they will take a well deserved break but they will be back here january 6. >>heather: we all foe that christmas day is a time to indulge but how can you enjoy that without looking like santa claus after? we will show you that up next.

>>gregg: i didn't know they were recording my vote. >>heather: another talent gregg jarrett has. >>gregg: visions of christmas day feast taking hold. >>heather: how can you enjoy it without gaining the weight, the pounds? we have health and fitness expert to let us know so we can enjoy the holidays. >> you should. it is about hanging out with family and friends. we will go to the best and worst dishes for every course. the best dishes, these are what you fine at anyone's table. the worst thing you can get and baked brie. it is so bad. especially with a puff pastry, 1,000 calories. >>gregg: is that all? >>guest: per serving. per serving! and this is more than a serving

size. this is four servings. >>gregg: that is what i would eat. >>guest: if you are hosting christmas dinner, wrap vegetables with melon and it is fewer than 100 calculateries compared to 1,000. >>heather: i snack on this all day long. >>guest: very tasty. >>gregg: the meats, the meat of the situation. >>guest: if someone is serving prime rib, pass. prime rib is the most fatty kits 750 a slice and a days' worth of cholesterol. but pork tender line is leaner than skinless chick be breast, less cholesterol and fewer calories. >> that is why it is called the

other white meat? >> but stay away from the pork chop. seafood newburgh is 600 calories with the cream and butter and flour. but grilled salmon or baked, you cannot deep fry salmon, you cannot have a lot cream or butter but it is heart healthy. >>heather: i guarantee someone add home has a deep fried we recipe for sam monday. >>gregg: and mac and cheese? >>guest: if calories it takes the cake. i don't understand why it is a favorite. but stay away from it on christmas. these are grilled vegetables. roasted root vegetables are more ideal.

>> you are saying people should replace this with this. >> it is in olive oil. i eat they will like candy. now, eggnog, the worst you can pick. 350 calories in eight ounces which is also tons of cholesterol. hot chocolate is better. it is great. >>gregg: you say no to pecan pie? >>guest: it is awful, awful. when you had the corn syrup and the sugar it is 500 calories cam -- compared to pumpkin pie which has more protein. if you have pumpkin pie for thanksgiving, go with fruit or sweet potato. anything is better than pecan

pie. >>gregg: sarah, thank you for the recommendations. looks good. that does it for us. fox news sunday with chris wallace comes up next. have a great christmas. [ loud party sounds ] hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach.